MONTGOMERY, Alabama -- While thousands of fans watched Kim Kardashian and Kanye West get hitched on E! Network's "Keeping Up with the Kardashians," the couple has filed a lawsuit against a man who posted video of the lavish engagement early.

Entertainment Weekly reports Chad Hurley posted video on mixbit.com of the proposal at San Francisco's AT&T Park prior to E! Network's airing of the event during their show. Hurley was the plus one of another guest, and members of the Kardashian family say he signed a confidentiality agreement.

On his part, Hurley said he only uploaded the video after seeing messages and photos about the proposal and engagement online. In addition, he has since taken down the video.

While Hurley attempted to get dismissal of the case against him on constitutional grounds, but a judge ruled on Tuesday that the lawsuit could proceed. A trial is scheduled for Nov. 17.